https://www.taxtmi.com/caselaws?id=782549 CESTAT held that sales tax/VAT concession retained by the assessee is includible in the assessable value for levy of central excise duty, in line with binding SC precedent, thus deciding the issue on merits against the assessee. However, it found that all relevant facts, including eligibility under the State VAT incentive scheme and retention of 99% VAT, were fully within the Department's knowledge and duly reflected in records. In absence of any positive act of wilful misstatement or suppression, invocation of the extended period under Section 11A(4) of the Central Excise Act was held unsustainable. Consequently, the duty demand raised beyond the normal period and the penalty imposed were set aside, and the appeal was allowed. en-us Tue, 18 Nov 2025 00:00:00 +0530 Tue, 02 Dec 2025 08:35:05 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=782549 CESTAT held that sales tax/VAT concession retained by the assessee is includible in the assessable value for levy of central excise duty, in line with binding SC precedent, thus deciding the issue on merits against the assessee. However, it found that all relevant facts, including eligibility under the State VAT incentive scheme and retention of 99% VAT, were fully within the Department's knowledge and duly reflected in records. In absence of any positive act of wilful misstatement or suppression, invocation of the extended period under Section 11A(4) of the Central Excise Act was held unsustainable. Consequently, the duty demand raised beyond the normal period and the penalty imposed were set aside, and the appeal was allowed. Case-Laws Central Excise Tue, 18 Nov 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=782549